Restoration of dismissed in default dv case

It is not clear which of the two orders you are referring.

Comong to main issue the sessions court has no power to decide on case dismissed on defalt.So raise this as a prelimanry issue.

Dismiss in default cases are normally restored by superiro courts in interestof justice after imposing fine. One chance is always given

Please note DVactcomplaint is seriosu law and you cant wish it away so easily. Please sort out issues with your wife in interest of every one. No point wasting money on prolonged litigations on both sides.Any way thatwas a social advise.

What relief your wife sought in DVacappciaiton and whatwere contents of DIR filed by Protection offcier?

Also note that DVactis a additional remedy to other family laws. Your wife can seek same reliefs from family court. A family courtis superior to magistrate court anyway.

@Advocate Trilok --> Appeal has been filed against both the orders i.e. Dismissal of DV case in default of her appearance as well as against the dismissal of restoration application which was filed in trial court.

@Mr. Rajendra --> I am not going to wash it away so easily. Thats why i am here to fight it hard till the last nail in coffin. No one go away easily after filing fake cases and concoting stories as per their whims and wishes. The case is not filed by me, it has been filed by her. The litigations were not started by me, it was by her. So there is no point of discussion left with her. Discussion can only happen in court and not out of court. Issues will now only be sorted out in court with evidence. 

DIR and DIR report has no contents whatsoever. CDPO has just mentioned that both the parties came and gave their statements which are enclosed herewith. CDPO has not conducted any enquiry whatsoever. So, I am not sure how court will consider it if the case is re-opened. 

Asking relief is whatsoever different than receiving the relief. She is a working lady and has an income of 70k per month and has written in petition that she is not working. Not to worry, if court is not biased i hope she does not get any relief.

Dr Rajendra Gupa is not advocate so he is giving general advice .

As I have told you for DV case the procedure is CRPC and hence dismissal of default case amounts to aquittal.

The remedy for other side is only to go to HIGH COURT and sessions court has no power to deal such cases under CRPC. So raise prliminary objection that the revision is not maintainable.

Thanks Advocate Trilok Ji.

I understood your point now. Thanks for clearing it.

1 last query is that she has actually filed APPEAL in Sessions court rather than filing "revision". My query is whether COMBINED APPEAL is maintainable for both (the dimissal orders of restoration application and Dismissed In Default order) in Sessions court or she should have approached High court with APPEAL for the same or her appeal is maintainable here in Sessions court?

As per me, she should have filed revision in sessions or appeal in high court , but appeal is not maintainable in sessions court. please comment.

Thanks in advance.

DV case you know is for addressing any or all of the circumstances and was enacted to bring a faster act to minimize torture to women but DV cases also are dragged for years when limit is 4 months 

1. Financial help if  lady has no survival means of her own

2.Taking care of children 

While determining financial relif magistrate has to see resources of both (filed by affidavit by both parties ) living standard of husband  and award is made accordingly.

3. Right to redience mother wife or daughter thrown out of home by usband /son or other relatives .very common in india .This is most superior right 

4.seeking protection form physical or mental attack

5.Feeling insecure

6.Actual injury received or more serious cases in rferemnce to matrminaial house 

7.To get injucntion orders against husbad/relatives 

There is nothing worng in this. But courts are themselevs making fun

It is very difficult to prove malafied action of wife or mother 

women can only be made coaccused if such prima facie appears

8. protection officers ( normally a lady form some NGO or woman govt officer) report is must unless physcial threat is imminent 

Unfortunately in India lower courts are like post box.Any one can start a case . Unlike huigher courts they cant dismis any complaint or petition in limine  what we call kachhi paisi 

If we want to redcue false cases we should ask counsels to veruify and enclose affifavit that heor she has gone through facts of case and circumstances and fully satisfied it is fit case to be filed in a trial court or high court. Huge penalties have to be placed on erring greedy lawyers

lawyers pwerfromnace has to be reviewd like cases disposed off , cases won and court be also given powered to pass strciture at time of dimissal that it was fake case made out 

Law of torts is missing in IPC crimes though in some cases now courts  levy high penalities and fines 

India system is british still and deliberately not refomed by politcian as a large number of politcians are them,selesv crminals